Unglorious War Revised Edition

By Maxine Flam

Major Thomas Harrison Smith is critically wounded while escaping from a POW camp deep inside LAOS during the Vietnam War. Stabilized by medical personnel, he is flown to Oahu, Hawaii for surgery and rehabilitation. Emaciated, dehydrated, and half-dead from torture and constant beatings, he meets Lt. Marla Bristol, a nurse-therapist assigned to his case. During Major Smith's recovery, he and Lt. Bristol fall in love and marry.  The military wants Major Smith to do another tour of duty. Major Smith agrees to return to Vietnam. Will he see his beloved Marla again? Who is Lt. Anthony Lambello and what part does he play in whether Major Smith returns from NAM? Thomas and Marla are scared but each waits for the time they will be reunited. Major Smith's faith is strong. Marla has doubts. Both look for the day they will be permanently together again. God answers their prayers, but is it the way that they hoped for?

• Language: English
• Publisher: Maxine Flam
• Release date: Jan 1, 2024
• ISBN: 9798223497035

Maxine Flam

Maxine lives in North Hollywood, California with her aquatic friends. She doesn't let her disabilities get in the way of taking classes at the local junior college. Maxine has two Associate Arts degrees, one in Natural Science and one in Liberal Arts. She has been published in the Los Angeles Daily News op-ed section several times, in The Epoch Times an essay, Nail Polish Stories once, DarkWinterLit four times, Bright Flash Literary Review once, CafeLit five times, OtherwiseEngagedJournal once, and Maudlinhouse once.

Book preview

Chapter 1

Bartender! I yelled from the other end of the bar.

I hear ya, be there in a sec, he said.

I know he’s busy but it’s my retirement party. I should at least get served first.

Come on, Come on, I screamed louder.

Keep your shirt on.

I reached over to the bowl and took a handful of pretzels and peanuts. I’m hungry, thirsty, and I have to wait for service.

Hey, how about a little service at this end of the bar, I yelled again.

Finally, Kono headed my way.

Alright, what do you.... He stopped in mid sentence when he saw it was me.

Marla, how the hell are you? I didn’t know it was you calling.

"That’s okay, Kono. I’ll have a double Crown with an ice water chaser.

Coming right up.

I sat there for a moment munching on pretzels, wanting lunch but the line was too damn long. Call me lazy but it’s my retirement party and I thought I’d get first dibs on the food.

Here you go, a double Crown and ice water chaser. Did you eat?

You gotta be kidding. The hoards of buffalos beat me to the table.

You want me to make you a plate?

No, you’re too busy.

No problem.

Maybe later, I want to enjoy my drink and reflect on the day.

A lot to process?

Uh-huh, as I shoved more peanuts in my mouth. I thought back to when I joined the Navy and was stationed at Oahu General. Twenty-five years was a long time.

Hey Kono.

Yeah, Marla.

Do you have time? I’d like to talk. Can someone relieve you?

No problem, give me a second.

Kono went back to the bar to see if someone could cover for him for awhile. I’ve known him at least twenty years. If anyone would understand, it’s Kono. It’s funny how a person could be in a crowded place and yet feel so alone. That’s me, right now.

Kono returned with a Pina Colada in hand. You want to sit at a table?

No, the bar is fine if that’s okay with you. I want to be as inconspicuous as possible. It’s best to sit here so no one interrupts. I drank part of my drink.

Why? It’s your retirement day from the Navy. You gave a fantastic speech and now you’re moving on to the next part of your life. You’re young. Forty-five is the new twenty-five.

Like hell it is. So why do I feel sixty-five? Seriously, being forced out, closing my program, and taking a position stateside doesn’t cut it. I have a lot more to give here in Hawaii."

But you had five positions offered at Civilian hospitals and you took the one in San Francisco.

My first choice would have been to remain in the Navy in Hawaii. After twenty-five years, I didn’t want Walter Reed which wanted me. Landlocked? Me? So, without a good offer, I retired and took the best Civilian offer available. I finished my drink.

You want something to eat?

Maybe later, but now I just want to talk.

What’s really bothering you, Marla...?

Chapter 2

I arrived at the Hickam AFB at 0830, thirty minutes before the court-martial was to begin. I didn’t sleep a wink last night.  My mind raced.  Everything I worked for the past fifteen years was coming to a head.  My close friends and co-workers said they’d be here. Chaplain Cook changed his Bible study to attend.  What a sweet man.  I have known him for twenty-five years; the entire time I’d been in the Navy. He has been a source of encouragement even in my darkest hours of despair.  Whenever I sought advice, he would stop what he was doing to and counsel me. 

Chaplain Cook wasn’t tall. He stood about 5’9", slender with dark blond hair.  Clean shaven and dressed in his chaplain uniform, he inconspicuously carried his Bible, hymnal, and prayer stole wherever he went. He once told me he was a boy scout and believed in their creed, ‘be prepared.’

I checked my watch. It was 0833. I hoped the Sergeant at Arms would open the double doors early so I could sit down. 

I started to pace.  It had been a long time since I felt this much anxiety.  I could take a pill but I don’t want to dull my senses.  I wanted, no...no, I needed to be alert.  I don’t want to miss one moment of the trial.

0840. Maria, Peter, and George arrived.  I’ve known each for almost twenty years. They saw me and walked over.

How are you holding up? said George.

Nervous.

Well, that’s to be expected.  We’re here to support you.  Don’t worry about that, he replied confidently.

0845. The Sergeant at Arms opened the doors.  It looked like a regular court room which surprised me.  As I entered, I noticed five rows of pew seats on each side of the aisle which seated ten people per pew.  About a hundred people could sit comfortably with space in the back for the overflow crowd.  There were two tables in the front, one on each side of the aisle, made of dark wood. One was the prosecutors table; the other, the defense table.  At the front of the room was the judge’s desk.  It was three steps off the floor on some kind of podium and made of the same wood as the two tables. To either side of the judge’s chair were two chairs for the members of the panel to sit.  Those chairs were used if the court-martial was a member-trial which was similar to a civilian jury trial.  The accused could opt for a trial by a judge only.  In that instance, the members of the panel would be dismissed.

0850. The cameras were being set up. The court-martial would air on CCTV throughout the base.  Too many people wanted to attend so the only way to oblige the officers and enlisted personnel was to televise it on CCTV.  The officer’s club was opened to everyone. I was told by the upper brass they expected standing room only. Another TV link was set up in the barracks closest to the court-martial room. The bunks were taken out and two hundred chairs were set in blocks of ten to a row. 

0852. Chaplain Cook arrived.  I waved to him to come and sit by us.  He walked over, shook hands with George, and Peter, and gave Maria and me each a reassuring hug before sitting down.

0858. The Sergeant at Arms announced that the doors would close in one minute. The court-martial would begin as scheduled at 0900. The prosecution attorney arrived through a door on the right side.  The two defense attorneys arrived through a door on the left side. After they were seated, the defendant was brought in by the military police.

0859. The Sergeant at Arms closed the court room doors. I felt my heart pounding; my hands, sweating.  Justice was coming.  After fifteen years of fighting the Government for every inch of documentation, the truth would be known. I closed my eyes for a moment.

0900. The judge walked in from a door behind his desk followed by the four men who were the members of the military panel.

Chapter 3

All rise.  This Article 39a session is called to order.  The Honorable Colonel Johnathan Beecham, presiding, bellowed the Sergeant at Arms.

Be seated, said Judge Beecham as he banged his gavel once.

Will the court reporter please read the convening orders? said Judge Beecham.

"Yes, Your Honor.

Today is July 19, 1984, 0900 hours.

Pursuant to paragraph B1, General Order Number 2, Department of the Army, a General Court-Martial is convened with the following members at Hickam Air Force Base:

Colonel Johnathan Beecham presiding.

Members:

Lt. Colonel Matthew Johnston,

Major Paul Baker,

Captain Donald Rogers,

First Lieutenant Joseph Rodriguez.

This court-martial is convened by General Court-Martial, Convening Order Number 84-0176, Headquarters of the Army of the United States of America.  Copies of which have been furnished to the military judge, both counsels, the accused, and to this reporter for insertion at this point in the record.

The charges have been properly referred to this court-martial for trial and were served on the accused on June 27, 1984, more than the required five days notice needed.  No continuance can be granted.

There are no corrections noted on the convening orders.

The accused detailed in this court-martial is present: Colonel Anthony Joseph Lambello Jr., formerly known as Lieutenant Anthony Joseph Lambello Jr." The court reporter finished and sat down.

Let the record state that Lieutenant Anthony Lambello Jr. and Colonel Anthony Lambello Jr. are one in the same person.  Is there any objection by counsel? said Judge Beecham.

No objection, Your Honor, stated each counsel.

The court reporter replied, So recorded.  There is no one else detailed in the court-martial.

Looking at the court reporter, Judge Beecham said, "For the record, state your rank and name.

I am Private First Class Richard Williams. I am the court reporter for this court-martial.

The oaths will now be administered, instructed Judge Beecham.

The Court Clerk will administer the oath to the military judge and members of the panel, said Judge Beecham.

Do you swear that you will faithfully and impartially perform, according to your conscience and the laws applicable to trial by court-martial, all the duties incumbent upon you as military judge and members of this court-martial panel, and that you will faithfully and impartially try according to the evidence, your conscience, and the laws applicable to trial by court-martial, the case of the accused now before this Court; and that you will not disclose or discover the vote or opinion of any particular member of the court upon the findings or sentence, unless required to do so in due course of law, so help you God?

I do, replied all members of the panel.

Court Clerk, will you administer the oath to all members of the audience including the defendant whether they testify or not, said Judge Beecham.

Please rise. Do you swear that you will answer truthfully the questions asked of you should you be required to testify as a member of this court-martial;

I do, said each member of the court in unison.

Judge Beecham administered the oaths to the prosecution and defense counsels.

Do you swear that you will faithfully perform all the duties as prosecution or defense counsel in the case now hearing before this court-martial, so help you God?

I do, said the attorneys in unison.

The court reporter said, "All members of the prosecution are qualified to serve and have been certified under Article 27(b) and have been sworn under Article 42(a).

No member of the prosecution has acted in any manner which might tend to disqualify him or her in this court-martial.

Primary Prosecutor in this case is Captain Trent West.

All retained members of the defense are qualified and certified under Article 27(b) and have now been sworn under Article 42(a).

No member of the defense has acted in any manner which might tend to disqualify him in this court-martial.

Primary Defense Counsel in this case is Major David Parquet. Consulting Defense Counsel is the Law Firm of Birnbaum and Miller, Roger Miller Esq.

Qualifications of Defense Counsel:  Major David Parquet is a twenty year veteran who has been part of over three hundred military defense counsels.  Roger Miller Esq. is in private practice with thirty years experience as a consultant to the Judge Advocate General for both the prosecution and the defense."

The court reporter finished speaking and looked at the judge.

Judge Beecham began:

Colonel Anthony Joseph Lambello Jr., you have the right to be represented in this court-martial by a Judge Advocate General, a General Flag Officer, or Military Counsel of your own selection, if the counsel you request is reasonably available.  If you are represented by military counsel of your own selection, you would have the right to have court counsel appointed to help you in your own defense.  However, you may request that a student at a university or a professor to act as associate counsel with the military counsel you select, and the United States Marine Corp., the detailing authority, may approve such a request.  Do you understand?

Yes, Your Honor, Colonel Lambello replied.

In addition, you have the right to be represented by civilian counsel, at no expense to the United States Government.  Civilian counsel may represent you alone or along with your military counsel.  Do you understand?

Yes, Your Honor.

Do you have any questions about your rights to counsel?

No, Your Honor.

Whom do you want to represent you?

Private Counsel only, Your Honor, Roger Miller Esq.

As stated earlier, counsel for the parties have the necessary qualifications and have been sworn in. Captain West, please state the charges against the accused, said Judge Beecham.

Captain Trent West stood up and began to read the list of charges against Colonel Lambello.

"The general nature of the charges in this case are:

Article 99 – Misbehavior before the enemy.

Article 107 – False official statements.

Article 119 – Manslaughter with Article 134 – Negligent homicide as a lesser charge.

These charges were preferred by Colonel Alan Becker, Commanding Officer of Colonel Lambello’s current unit, forwarded with recommendations as to disposition by Admiral Hargrove, due to extenuating circumstances in bringing this case to trial which will be addressed shortly.

Your honor, are you aware of any matter which may be a ground for a challenge against you?" said Captain West.

I am aware of none, stated Judge Beecham flatly.

The Government has no challenge for cause against the military judge, replied Captain West.

The defense has no challenge for cause against the military judge, said Roger Miller Esq.

Colonel Lambello, do you understand that you have the right to be tried by a court-martial composed of members, including if you request in writing at least one-third enlisted persons, and that if you are found guilty of any offense, those members would determine a sentence? said Judge Beecham.

Yes, Your Honor.

Do you also understand that you may request in writing or orally, here in the court-martial trial before me alone, and that if I approve such a request, there will be no members, and I alone will decide whether you are guilty, and if I find you guilty, determine a sentence?

Yes, Your Honor.

Have you discussed these choices with your counsel?

Yes, Your Honor.

By which type of court-martial do you choose to be tried?

A trial by Your Honor alone.

The court reporter shall note that the accused requested a trial by a military judge only, said Judge Beecham.

Have you discussed this request and the rights I just described with your counsel?

Yes, Your Honor.

If I approve your request your request for trial by me alone, you give up your right to a trial by a court-martial composed of members, including, if you requested, enlisted members.  Do you wish to request a trial by me alone?

Yes, Your Honor.

Your request is approved.  The court-martial is assembled. I thank the members of my panel. They are excused from further duty. Major David Parquet is also excused.

The four members of the panel rose from their seats and walked to the first row of the public gallery. Major Parquet picked up his briefcase and exited through the defense’s side door.

The accused will now be arraigned, said Judge Beecham.

All parties and the military judge have been furnished a copy of the charges and specifications.  Does the accused want them read? said the court reporter looking uncomfortable.

Yes, Your Honor, replied Attorney Roger Miller. The accused wants the charges read as per the pre-trial agreement.

So be it. The court reporter will now read the charges into the record, announced Judge Beecham.

"Article 99 – ‘Misbehavior before the enemy.’  Any member of the armed forces who before or in the presence of the enemy –

a3 through disobedience, neglect, or intentional misconduct, endangers the safety of any such command, unit, place, or military property;

a5 is guilty of cowardly conduct;

b3 endangering safety of a command, unit, place, ship, or military property;

b3b that the accused committed certain disobedience, neglect, or intentional misconduct;

b3d that this act occurred while the accused was before or in the presence of the enemy.

c1b ‘Enemy’ includes organized forces of the enemy in time of war, any hostile body that our forces may be opposing, such as a rebellious mob or band of renegades, including civilians as well as military organizations.

c1c ‘Before the enemy’ – whether a person is before the enemy is a question of tactical relation not distance.

c5a ‘Cowardice’ is misbehavior motivated by fear.

c5b ‘Fear’ is a natural feeling of apprehension when going into battle.  The mere display of apprehension does not constitute this offense.

c5c ‘Refusal or abandonment of a performance of duty before or in the presence of the enemy as a result of fear constitutes this offense."’

Extenuating circumstances as stated earlier relates to Colonel Lambello’s service in Vietnam which caused these charges to be brought forth now and not fifteen years ago.  The delay is due to Article 107 – The filing of false official statements.

"Article 107 – ‘False official statements’ – Any person subject to this chapter who, with intent to deceive, signs any false record, return, regulation, order, or other official document knowing it to be false, or makes any other false official statement knowing it to be false, shall be punished as a court-martial  may direct.

b1 that the accused signed a certain official document or made a certain official statement;

b3 that the accused knew it to be false at the time of signing it or making it; and

b4 that the document or statement was made with the intent to deceive."

"Article 119 – ‘Manslaughter’ – Any person subject to this chapter who, without an intent to kill or inflict great bodily harm, unlawfully kills a human being by culpable negligence, lesser offense is Article 134 – (Homicide, negligent).

b1 that a certain person is dead;

b2 that this death resulted from the act or failure to act of the accused;

b4 that the act or failure to act of the accused which caused the death amounted to simple negligence; and

b5 that under the circumstances the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

c1 Nature of offense. ‘Negligent homicide’ is any unlawful homicide which is the result of simple negligence.  An intent to kill or injure is not required.

c2 ‘Simple negligence.’  Simple negligence is the absence of due care, that is, an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances.

Simple negligence is a lesser degree of carelessness than culpable negligence.

d Lesser included offenses. None."

As the charges were read aloud, tears ran down my face.  I wasn’t bawling.  The days of screaming and crying had passed but I couldn’t stop them from flowing nor did I want to.  Chaplain Cook looked over but before he could give me his handkerchief, George had already pulled out one and handed it to me.  I dried my eyes and continued to listen to the proceedings.

The charges are signed by Colonel Alan Becker, a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces to administer oaths, and are properly referred to this court-martial for trial by the United States Marine Corp., the convening authority.  The court reporter sat down.

Before receiving your plea, Colonel Lambello, I advise you that any motions to dismiss any charge or to grant other relief should be made at this time. Colonel Lambello, how do you plead? said Judge Beecham.

Your Honor, the defense has one prior motion already presented to the Court under Rule 910 RCM (Rules of Court-Martial), said Roger Miller.

So noted, said Judge Beecham.

Colonel Lambello, how do you plead? repeated Judge Beecham.

Attorney Miller rose on behalf of Colonel Lambello to speak.

On behalf of the accused, Colonel Anthony Joseph Lambello Jr. pleads....

Chapter 4

Another drink, please, I asked.

Double Crown, and an ice water chaser?

Yes, thank you.

Kono brought me another round. I’m glad I’m not paying for the booze. My plan is to get shit-faced on the military’s dime. I’ve never done it before and it’s long over due.

Marla, Would you let me get you some food, now? ...At least a salad?

In a while.

You want to continue...?

No. Not about the trial. I want to talk about Thomas. I sipped my drink while remembering how we met.

"You know, the top brass gave him to me to rehab because I was the best. Ha!